Carriage by Air (Montreal Convention, 1999) Act 2007 · s 11

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—(1) The Minister may, by order in the Gazette, direct that the provisions of the Convention do not apply to either or both of the following:(a)international carriage by air performed and operated directly by any State Party to the Convention for non‑commercial purposes in respect to its functions and duties as a sovereign state;(b)the carriage of persons, cargo and baggage for the military authorities of any State Party to the Convention on aircraft registered in or leased by that State Party to the Convention, the whole capacity of which has been reserved by or on behalf of such authorities.(2) An order under subsection (1) must not be made in respect of any State Party to the Convention unless that State Party to the Convention has made a declaration under Article 57 of the Convention.
The Minister may, by order in the Gazette, direct that the provisions of the Convention do not apply to either or both of the following:(a)international carriage by air performed and operated directly by any State Party to the Convention for non‑commercial purposes in respect to its functions and duties as a sovereign state;(b)the carriage of persons, cargo and baggage for the military authorities of any State Party to the Convention on aircraft registered in or leased by that State Party to the Convention, the whole capacity of which has been reserved by or on behalf of such authorities.
An order under subsection (1) must not be made in respect of any State Party to the Convention unless that State Party to the Convention has made a declaration under Article 57 of the Convention.

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s 11Power to exclude aircraft in use for military purposes

(1)

The Minister may, by order in the Gazette, direct that the provisions of the Convention do not apply to either or both of the following:

(a)

international carriage by air performed and operated directly by any State Party to the Convention for non‑commercial purposes in respect to its functions and duties as a sovereign state;

(b)

the carriage of persons, cargo and baggage for the military authorities of any State Party to the Convention on aircraft registered in or leased by that State Party to the Convention, the whole capacity of which has been reserved by or on behalf of such authorities.

(2)

An order under subsection (1) must not be made in respect of any State Party to the Convention unless that State Party to the Convention has made a declaration under Article 57 of the Convention.